261-270 of 366 results

Section 54 of the Insurance Contracts Act: Putting insureds in the driver's seat
Insight 16 Sep 2014

A recent High Court decision highlights the substantial scope of s541 of the Insurance Contracts Act 1984 Cth to prevent an insurer from denying cover following an insureds non-compliance with certain terms of an insurance policy. ...

Public authorities - reduced protection against negligence
Insight 19 Dec 2014

In coming to a recent decision the Queensland Supreme Court has taken a narrow view of a section of that states civil liability legislation that was designed to limit the liability of public authorities in Queensland Partner Nicholas Ng and Senior Associate Goran Gelic report on this decision and ...

Australia's expanding network of investment treaties and investor-state dispute settlement
Insight 18 Feb 2015

Australia continues to expand its network of investment treaties In light of this Australian investors should consider a review of the treaty protections that apply to their foreign investments If a treaty includes an investor-State dispute settlement mechanism the investor may be able to resolve ...

Investor-State dispute settlement under the Korea-Australia Free Trade Agreement
Insight 06 Mar 2014

In a shift from the previous Australian Governments position a free trade agreement between Korea and Australia which was recently concluded by the new Coalition Government will include investor-state dispute settlement clauses ...

Asia Pacific international arbitration update
Insight 09 Apr 2014

We look at the inclusion of investor-state arbitration provisions in the recent Korea-Australia Free Trade Agreement and the possible inclusion of such provisions in the Trans-Pacific Partnership a Singapore Court of Appeal decision that means parties challenging the jurisdiction of a tribunal have ...

High Court rules mining leases and native title can co-exist
Insight 13 Mar 2014

The High Court ruled that certain mining leases in WA did not extinguish all native title rights, but rather the two rights co-exist. In doing so, the High Court took the opportunity to clarify the test for determining when native title rights will be extinguished by statutory grants at common law. ...

The limits of lawyer-driven litigation
Insight 24 Jul 2014

A recent VSC decision has examined the limits on entrepreneurship by securities class action lawyers ...

Class Action Insights
Insight 08 Aug 2014

In recent months the funding of class actions has been prominent in the legal press The issues canvassed have included the regulation of third party funders the case for and against lawyers charging contingency fees attempts by lawyers to establish third party funding vehicles the Productivity ...

High Court examines powers of responsible entities
Insight 07 Nov 2014

The High Court has reaffirmed the powers of a responsible entity are ultimately derived from the scheme's constitution, but the exercise of those powers is constrained by the statutory and fiduciary duties imposed on the responsible entity. ...

Investigations - ICAC has its wings clipped
Insight 11 Dec 2014

By a two to one majority the NSW Court of Appeal has held that the Independent Commission Against Corruption had no power under the ICAC Act to investigate an allegation to the effect that as a result of conduct involving an alleged intention to pervert the course of justice a public official had ...

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